Current CBA 2007-2009

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PREAMBLE

This Agreement is entered into by the State of Washington, referred to as the “Employer,” and a coalition of all of the exclusive bargaining representatives described in Appendix A, “Coalition Exclusive Bargaining Representatives,” who are subject to RCW 41.80.010 and represent fewer than a total of five hundred (500) employees each, referred to as the “Union.”

If a new general government bargaining unit is certified by the Public Employment Relations Commission during the term of this Agreement and that exclusive bargaining representative represents fewer than a total of five hundred (500) employees, the terms of this Agreement will apply.

ARTICLE 1
RECOGNITION CLAUSE

1.1 This Agreement covers the employees in the bargaining units described in Appendix A, “Bargaining Units Represented by the Coalition Exclusive Bargaining Representatives,” represented by the Coalition Exclusive Representatives described in Appendix A, but it does not cover any statutorily excluded positions or any positions excluded in Appendix A. The titles of the classifications listed in Appendix A are listed for descriptive purposes only.

1.2 If the Public Employment Relations Commission certifies a new bargaining unit in general government during the term of this Agreement and the exclusive bargaining representative represents fewer than a total of five hundred (500) employees, the terms of this Agreement will apply. The Employer agrees to enter into negotiations regarding mandatory subjects with the newly added group to discuss any

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ARTICLE 2
NON-DISCRIMINATION

Under this Agreement, neither party will discriminate against employees on the basis of religion, age, sex, marital status, race, color, creed, national origin, political affiliation, status as a disabled veteran or Vietnam era veteran, sexual orientation, or any real or perceived sensory, mental or physical disability. Bona fide occupational qualifications based on the above traits do not violate this Article.

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ARTICLE 3
BID SYSTEM

3.1 Applicability

A. This Article applies only to employees in the Master, Mates & Pilots (MM&P), Washington State Nurses Association (WSNA), Union of Physicians of Washington (UPW), Washington State Patrol Communication Manager’s Association (WSPCMA) and Teamsters Enforcement Sergeants bargaining units.

B. This Article does not apply to the filling of non-permanent, on-call, project or career seasonal positions.

C. The Employer will comply with the provisions of this Article prior to filling vacancies in accordance with Article 4.

3.2 Definitions

For purposes of this Article only, the following definitions apply:

A. Bid Positions
Positions filled as a result of a bid.

B. Bid System
A process allowing employees with permanent status to submit bids to other positions within their employing institution in the same job classification in which they currently hold permanent status or have previously held status.

C. Position
A particular combination of shifts and days off.

3.3 Components of a Bid

Bids shall indicate the employee’s choice of shift, days off and job classification. Employees shall be responsible for the accuracy of their bids. Each bid shall remain active for a period of six (6) months from the date submitted by the employee.

3.4 Submittal and Withdrawal of Bids

Any bids submitted after the date a vacancy is considered to have occurred shall not be considered for that vacancy. Employees may withdraw their bids, in writing, at any time prior to the referral.

3.5 New Positions or Reallocated Positions

When a new position is established or a current vacant position is changed, the Employer will post the position for five (5) calendar days if the combination of shift and days off does not currently exist.

3.6 Vacancy

For purposes of this Article, a vacancy occurs when

1. An employee notifies management, in writing, that he or she intends to vacate his or her position; or
    
2. Management notifies an employee, in writing, that the employee will be removed from his or her position.
    
3. Masters, Mates and Pilots:
   A position’s assigned day(s) off change by one or more days, or shift hours change by more than two (2) hours. In these cases, if the position is filled at the time of the change, the incumbent may elect to remain in the position. If the incumbent elects not to remain in the position, he or she may elect to assume a position currently occupied by an employee with less seniority than themselves within the same job classification. This process shall continue until all bargaining unit positions are filled.

3.7 Awarding a Bid for Washington State Nurses Association (WSNA)

When a permanent vacancy occurs, the Employer shall determine if any employee has submitted a transfer or a voluntary demotion request for the shift and days off. Seniority shall prevail provided the employee has the skills and abilities necessary to perform the duties of the position.

An employee’s bid request may be turned down if the employee has documented attendance or performance problems.

3.8 Awarding a Bid for Masters, Mates and Pilots (MM&P)

When a permanent vacancy occurs, the Employer shall determine if any employee has submitted a transfer or a voluntary demotion request for the shift and days off. Seniority within the job classification of Marine Boat/Tug Operator shall prevail provided the employee has the skills and abilities necessary to perform the duties of the position.

An employee’s bid request may be turned down if the employee has documented attendance or performance problems.

3.9 Awarding a Bid for Union of Physicians of Washington (UPW)

When a permanent vacancy occurs, the Employer shall determine if any physician has submitted a transfer request for that particular opening. Management shall consider all requests according to seniority provided the physician has the skills and abilities necessary to perform the duties of the opening. Each senior physician considered, but not appointed, shall be notified in writing of the reasons why he or she was not appointed.

3.10 Awarding a Bid for Washington State Patrol Communication Manager’s Association (WSPCMA)

When a permanent vacancy occurs, the Employer shall determine if any Communication Officer Manager (CO 4) has submitted a transfer request for that particular position. Management shall consider all requests in order of receipt provided the employee has the skills and abilities necessary to perform the duties of the position. Each employee considered, but not appointed, shall be notified in writing of the reasons why he or she was not appointed.

3.11 Commitment Following an Award or Refusal of a Bid

When an employee has been awarded a bid, or refuses an awarded bid, the employee will be prohibited from requesting other bids for a minimum of six (6) months. The six (6) month period will begin on the first day the employee is assigned the new shift and/or days off. All other active bids the employee has on file will be removed from the bid system.

3.12 Reassignment from a Bid Position

Nothing in this Article shall preclude management’s right to reassign an employee from his or her bid position to another position on a different shift or to a position with different days off, provided the employee is notified, in writing, of the reason(s) for the reassignment.

3.13 Department of Fish and Wildlife – Enforcement Division

1. Openings will be posted via department intranet and e-mail for a period of not less than fourteen (14) calendar days. Eligible employees may bid on openings during the posting period.
    
2. If a new or vacant position is to be filled, time in grade will prevail provided the employee has the basic skills and abilities necessary to perform the duties of the specific position. Time in grade includes all probationary, trial service and permanent Sergeant time in the Department of Fisheries, Department of Game/Wildlife, and Department of Fish and Wildlife.
   
   An employee’s bid request may be turned down if the employee has had documented attendance or performance problems of an on-going nature within the past two years.
    
3. Employees who are awarded a bid will fill the position thirty (30) calendar days following the notification of selection. Sergeants will be paid travel in accordance with Article 22 with prior written approval by the Chief or designee.
    
4. Sergeants will have a ninety (90) calendar day period to establish a permanent residence after filling the bid. Sergeants must establish a permanent residence within thirty five (35) miles of the office and within their detachment boundaries. In the event the Department relocates a detachment office that increases the mileage from a Sergeant’s current residence, the Sergeant will not be required to relocate. In the event the Department has not established a detachment office, a Sergeant may use his or her residence as the office. When this occurs, the Department shall establish a clearly defined geographical area within which a Sergeant must establish a permanent residence.
    
5. Permanent residence is defined as where a Sergeant physically lives or physically resides. The methods normally used to determine residency will be as follows:
   
   1. Mailing address
   
   2. Utility and service bills
   
   3. Residence, rental or ownership agreement
   
   4. Telephone number
    
6. The parties agree that the Sergeant’s residence will be the official duty station.

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ARTICLE 4
FILLING OF VACANCIES

4.1 The Employer will determine when a position will be filled, the type of appointment to be used when filling the position, and the skills and abilities necessary to perform the duties of the specific position within a job classification that is being filled. Only those candidates who have the position-specific skills and abilities required to perform the duties of the vacant position will be referred for further consideration by the employing agency.

4.2 An agency’s internal layoff list will consist of employees who have elected to place their name on the layoff list through Article 35, Layoff and Recall, of this Agreement and are confined to each individual agency.

4.3 The statewide layoff list will consist of employees who have elected to place their name on the statewide layoff list in accordance with WAC 357-46-080.

4.4 A promotional candidate is defined as an employee who has completed the probationary period within a permanent appointment and has attained permanent status within the agency.

4.5 A transfer candidate is defined as an employee in permanent status in the same classification as the vacancy within the agency.

4.6 A voluntary demotion candidate is defined as an employee in permanent status moving to a class in a lower salary range maximum within the agency.

4.7 When filling a vacant position with a permanent appointment, candidates will be certified for further consideration in the following manner:

1. The most senior candidate on the agency’s internal layoff list with the required skills and abilities who has indicated an appropriate geographic availability will be appointed to the position.
    
2. If there are no names on the internal layoff list, the agency will certify up to twenty (20) candidates for further consideration. Up to seventy-five percent (75%) of those candidates will be statewide layoff, agency promotional, internal transfers, and agency voluntary demotions. All candidates certified must have the position-specific skills and abilities to perform the duties of the position to be filled. If there is a tie for the last position on the certification for either promotional or other candidates, the agency may consider up to ten (10) additional tied candidates. The agency may supplement the certification with additional tied candidates and replace other candidates who waive consideration with like candidates from the original pool.
    
3. Employees in the General Government Transition Pool Program who have the skills and abilities to perform the duties of the vacant position may be considered along with all other candidates who have the skills and abilities to perform the duties of the position.
    
4. If the certified candidate pool does not contain at least three (3) affirmative action candidates, the agency may add up to three (3) affirmative action candidates to the names certified for the position.
    
5. When recruiting for multiple positions, the agency may add an additional five (5) agency candidates and five (5) other candidates to the certified list for each additional position.

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ARTICLE 5
HIRING AND APPOINTMENTS

5.1 Filling Positions

The Employer will determine when a position will be filled, the type of appointment to be used when filling the position, and the skills and abilities necessary to perform the duties of the specific position within a job classification. When filling positions with other than a non-permanent appointment, the Employer will fill positions in accordance with Article 4, Filling of Vacancies.

5.2 Permanent Status

An employee will attain permanent status in a job classification upon his or her successful completion of a probationary, trial service or transition review period.

5.3 Types of Appointment

1. Non-Permanent
   1. The Employer may make non-permanent appointments. A non- permanent appointee must have the skills and abilities required for the position. When the employer converts a non-permanent appointment to a permanent appointment, the employee will serve a probationary or trial service period.
       
   2. An employee with permanent status may accept a non-permanent appointment. At least fourteen (14) calendar days prior to accepting the appointment, the employee must notify his or her current appointing authority of the intent to accept a non-permanent appointment. Upon notification of the employee’s intent, the employee’s permanent agency will notify the employee, in writing, of any return rights to the agency and the duration of those return rights. At a minimum, the agency must provide the employee access to the agency’s internal layoff list.
       
   3. The Employer may end a non-permanent appointment at any time by giving one (1) working day’s notice to the employee. Non-permanent appointments normally will not exceed twenty-four (24) consecutive months in duration.
       
2. On-Call Employment
   The Employer may fill a position with an on-call appointment where the work is intermittent in nature, is sporadic and it does not fit a particular pattern. The Employer may end on-call employment at any time by giving one (1) day’s notice to the employee.
    
3. In-Training Employment
   1. The Employer may designate specific positions, groups of positions, or all positions in a job classification or series as in-training. The Employer will document the training program, including a description and length of the program.
       
   2. A candidate who is initially hired into an in-training position must successfully complete the job requirements of the appointment. The Employer may separate from state service, any employee who has completed the probationary period for an in-training appointment but does not successfully complete the subsequent trial service periods required by the in-training program. Employees who are not successful may be separated at any time with three (3) working day’s notice from the Employer.
       
   3. An employee with permanent status who accepts an in-training appointment will serve a trial service period or periods, depending on the requirements of the in-training program. The Employer may revert an employee who does not successfully complete the trial service period or periods at any time with three (3) working day’s notice. The employee’s reversion right will be to the job classification that the employee held permanent status in prior to his or her in-training appointment, in accordance with Subsection 5.4 B of this Article.
       
   4. A trial service period may be required for each level of the in-training appointment, or the entire in-training appointment may be designated as the trial service period. The Employer will determine the length of the trial service period or periods to be served by an employee in an in-training appointment.
       
   5. If a trial service period is required for each level of the in-training appointment, the employee will attain permanent status upon successful completion of the training program at each level.
       
   6. If the entire in-training program—meaning all levels within the in-training appointment—is designated as a trial service period, the employee will attain permanent status upon successful completion of the training requirements for the entire in-training program.
       
4. Project Employment
   1. The Employer may appoint employees into project positions for which employment is contingent upon state, federal, local, grant, or other special funding of specific and of time-limited duration. The Employer will notify the employees, in writing, of the expected ending date of the project employment.
       
   2. Employees who have entered into project employment without previously attaining permanent status will serve a probationary period. Employees will gain permanent project status upon successful completion of their probationary period.
      
      Employees with permanent project status will serve a trial service period when they:
       
      1. Promote to another job classification within the project; or
          
      2. Transfer or voluntarily demote within the project to another job classification in which they have not attained permanent status.
          
   3. The Employer may consider project employees with permanent project status for transfer, voluntary demotion, or promotion to non-project positions. Employees will serve a trial service period upon transfer, voluntary demotion, or promotion to a non-project position in a job classification that the employees have not previously attained permanent status in.
       
   4. When the Employer converts a project appointment into a permanent appointment, the employee will serve a probationary or trial service period, unless a permanent project employee has already completed the probationary period for that classification.
       
   5. The layoff and recall rights of project employees will be in accordance with the provisions in Article 35, Layoff and Recall.
       
5. Seasonal Career Employment
   1. The Employer may make seasonal career appointments that are cyclical in nature, recur at the same agency at approximately the same time each year, and last for a minimum of five (5) months but are less than twelve (12) months in duration during any consecutive twelve (12) month period.
       
   2. Upon completion of a twelve (12) month probationary period completed in consecutive seasons at the same agency, employees in seasonal career employment will assume the rights of employees with permanent status.
       
   3. The layoff and recall rights of seasonal career employees will be in accordance with the provisions in Article 35, Layoff and Recall.
       
6. Terminations during probationary periods, non-permanent appointments, or reversions of trial service periods are not subject to the grievance procedure in Article 31.

5.4 Review Periods

1. Probationary Period
   1. Every part-time and full-time employee, following his or her initial appointment to a permanent position, will serve a probationary period of twelve (12) consecutive months (except that WSNA, WSPTA and WSPSTA will serve a probationary period of six (6) consecutive months, which may be extended by the Employer for written, performance-based reasons to no more than twelve (12) consecutive months.)
       
   2. The Employer may separate a probationary employee at any time during the probationary period, and such separation will not be subject to the grievance procedure in Article 31.
       
   3. The Employer will extend an employee’s probationary period, on a day-for-a-day basis, for any day(s) that the employee is on leave without pay or shared leave, except for leave taken for military service.
       
   4. An employee who transfers or is promoted prior to completing his or her initial probationary period will serve a new probationary period. The length of the new probationary period may be adjusted by the appointing authority for time already served in probationary status. In no case, however, will the total probationary period be less than as defined in Subsection A.1, above.
       
   5. If the Employer converts the status of a non-permanent appointment to a permanent appointment, the incumbent employee will serve a probationary period. However, the Employer may credit time worked in the non-permanent appointment toward completion of the probationary period.
       
2. Trial Service Period
   1. Except for those employees in an in-training appointment, all other employees with permanent status who are promoted, or who voluntarily accept a transfer or demotion into a job classification for which they have not previously attained permanent status, will serve a trial service period of six (6) consecutive months. The Employer may extend the trial service period to no more than twelve (12) consecutive months.
       
   2. Any employee serving a trial service period will have his or her trial service period extended, on a day-for-day basis, for any day(s) that the employee is on leave without pay or shared leave, except for leave taken for military service.
       
   3. With prior written notice by the Employer, an employee who does not successfully complete his or her trial service period has the right to revert to a position, if available, in the same agency, that is:
       
      1. Vacant or filled by a non-permanent employee and is within the employee’s previously held job classification; or
          
      2. Vacant or filled by a non-permanent employee at or below the employee’s previous salary range.

      In both (a) and (b) above, the Employer will determine the position the employee may revert to and the employee must have the skills and abilities required for the position.
       

   4. Any unsuccessful employee who has no reversion options may request that his or her name be placed on the agency’s internal layoff list and into the General Government Transition Pool Program for positions in job classifications where he or she had previously attained permanent status.
       
   5. The reversion of employees who are unsuccessful during their trial service period is not subject to the grievance procedure in Article 31.

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ARTICLE 6
PERFORMANCE EVALUATION

6.1 Objective

The performance evaluation process gives supervisors an opportunity to discuss performance goals and expectations with their employees, assess and review their performance with regard to those goals and expectations, and provide support to employees in their professional development, so that skills and abilities can be aligned with agency requirements.

6.2

1. Employee work performance will be evaluated during probationary and trial service periods and at least annually thereafter. Immediate supervisors will meet with employees at the start of their review period to discuss performance goals and expectations. Employees will receive copies of their performance goals and expectations as well as notification of any modifications made during the review period.
    
2. The performance evaluation process will include, but not be limited to, a written performance evaluation on forms used by the Employer, the employee’s signature acknowledging receipt of the forms, and any comments by the employee. A copy of the performance evaluation will be provided to the employee at the time of the review. If the need arises, the reviewer (typically the second line supervisor) may function as a mediator upon the request of either the supervisor or the employee. The employee has the right to submit a written rebuttal to the content of the evaluation. The original performance evaluation forms, including the employee’s comments, will be maintained in the employee’s personnel file.
    
3. The evaluation process is subject to the grievance procedure. The specific content of performance evaluations are not subject to the grievance procedure in Article 31.

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ARTICLE 7
HOURS OF WORK

7.1 Definitions

1. Full-time Employees
   Employees who are scheduled to work an average of forty (40) hours per workweek.
    
2. Law Enforcement Employees
   Employees who work in positions that meet the law enforcement criteria of Section 7 (k) of the Fair Labor Standards Act (FLSA).
    
3. Part-time Employees
   Employees who are scheduled to work less than an average of forty (40) hours per workweek.
    
4. Workday
   One of seven (7) consecutive, twenty-four (24) hour periods in a workweek.
    
5. Work Schedules
   The number of days and hours an employee is scheduled to work in a workweek as established by the Employer in order to meet business and customer service needs, as long as the work schedules meet federal and state laws.
    
6. Work Shift
   The hours an employee is scheduled to work each workday in a workweek.
    
7. Workweek
   Workweeks will normally begin at 12:00 a.m. on Sunday and end at 12:00 midnight the following Saturday and which consists of five (5) consecutive workdays beginning on Monday, followed by two (2) consecutive days off.
    
   1. WSNA:
      Workweeks will normally consist of forty (40) hours in a seven (7) day workweek, which will normally consist of five (5) workdays followed by two (2) consecutive days off or eighty (80) hours in a fourteen (14) day work period.
       
   2. MM&P:
      Workweek will be defined as seven (7) consecutive days commencing on the employee’s first day of work and concluding with either two (2) or three (3) consecutive days off, depending on the employee’s shift.
      
      The current schedule configurations will be deemed to conform to this Section.
       
   3. IAFF:
      Work schedules will normally consist of eighty (80) hours in a fourteen (14) day work period. Because of the unique nature of their work and work location, employees work a non standard schedule, but one which meets the Fair Labor Standards Act and State Law.
      
      The current schedule configurations will be deemed to conform to this Section.
       
   4. WAFWP:
      Workweeks shall normally be Monday through Friday, 8 a.m. – 5:00 p.m. with a one hour lunch. However, with prior approval, WAFWP employees may work alternative schedules.
       
   5. IBEW/UA
       
      1. The workweek shall normally consist of forty (40) hours scheduled between Monday and Friday. Employees shall normally work five (5) consecutive days followed by two (2) consecutive days off. Alternative schedules will be allowed at the Employers discretion. Changes to current schedules will not be implemented without discussion with the union regarding the impact of that decision.
          
      2. The ECORE Team (and UA equivalent) are the only current positions in the UA and IBEW bargaining units that may be required to work a workweek and work schedule that does not begin at 12:00 AM on Sunday and end at 12:00 midnight the following Saturday and which consists of five consecutive workdays beginning on Monday followed by two consecutive days off. However, ECORE (and UA equivalent) members will have two consecutive days off per week which will normally include one weekend day. Alternative schedules will be allowed at the Employer’s discretion.

7.2 Determination

1. The Employer will determine, based on the Fair Labor Standards Act, whether a position is overtime-eligible or overtime-exempt. In addition, the Employer will determine if an overtime-eligible position is a law-enforcement position, with or without an extended work period. The employee and Union will be notified if a change in overtime-eligible status is made to a position. The current overtime-eligible or overtime-exempt status will be maintained, so long as that status is in compliance with the state and federal law.
    
2. MM&P:
   Except in emergency conditions, Management and the Union agree that no employee covered by the United States Coast Guard regulations will work more than twelve (12) hours in a consecutive twenty-four (24) hour period.
    
3. IAFF:
   Except in emergency situations, no employee of the McNeil Island Fire Department will work more than sixteen (16) hours in a consecutive twenty-four (24) hour period.
    
4. UPW:
   Physicians are expected to work as many hours as necessary to accomplish their assignment or fulfill their core responsibilities. However, because DSHS has a unique situation that requires physicians to work hours over and above those necessary to accomplish their assignment and fulfill their core responsibilities, physicians will receive additional straight time pay at their regular rate of pay for working these “extra duty” hours.
   
   “Extra Duty” is defined as work hours that are hours over and above those necessary to accomplish the physician’s regular assignment and fulfill their core responsibility. These “extra duty” hours typically include covering hours/shifts not regularly assigned to any other physician, on-call work, covering patient loads due to vacancies or working hours that are not covered because of leave usage by the regularly assigned physician. When seeking to fill the extra duty hours, the Employer retains the right to assign any physician who has the appropriate skills and abilities required for the extra duty to create equitable distribution of work. Management will ask for volunteers for the extra duty, but retains the right to select any physician for the extra duty regardless of whether there are volunteers or not and retains the right to restrict the number of extra duty assignments that any one physician works.

7.3 Overtime-Eligible Employees (excluding law enforcement employees)

1. Regular Work Schedules
   The regular work schedule for overtime-eligible employees will not be more than forty (40) hours in a workweek, as defined above, with starting and ending times as determined by the requirements of the position. Part time employees will be paid at their regular rate for all hours worked up to forty (40) hours in the workweek.
   
   WSNA:
   Monthly work schedules will be posted one (1) month in advance. Changes in regular monthly work schedules and days off will be posted one (1) week in advance when possible.
    
2. Alternate Work Schedules
   Employees may request adjustments to their regular schedule and supervisors will consider adjusting work hours during a workday or workdays during a workweek. Workweeks and work shifts of different numbers of hours may be established for overtime-eligible employees in order to meet business and customer service needs, as long as the alternate work schedules meet federal and state laws.
    
3. Temporary Schedule Changes
   Employees’ workweeks and/or work schedules may be temporarily changed with prior notice from the Employer. A temporary schedule change is defined as a change lasting thirty (30) calendar days or less. Overtime-eligible employees will receive three (3) calendar days’ written notice of any temporary schedule change. The day that notification is given is considered the first day of notice. Adjustments in the hours of work of daily work shifts during a workweek do not constitute a temporary schedule change.
    
4. Permanent Schedule Changes
   Employees’ workweeks and work schedules may be permanently changed with prior notice from the Employer. Overtime-eligible employees will receive seven (7) calendar days’ written notice of a permanent schedule change. The day notification is given is considered the first day of notice. Adjustments in the hours of work of daily work shifts during a workweek do not constitute a permanent schedule change. Changes in schedule subject to Article 3, Bid System, will be subject to the terms of that Article.
    
5. Emergency Schedule Changes
   The Employer may adjust an overtime-eligible employee’s workweek and work schedule without prior notice in emergencies. The employee will be paid callback pay in accordance with Article 41, Compensation, and overtime pay as applicable.
    
6. Employee-Requested Schedule Changes
   Overtime-eligible employees’ workweeks and work schedules may be changed at the employee’s request and with the Employer’s approval.

7.4 Overtime-Eligible Law Enforcement Employee Work Schedules

The regular work schedule for full-time overtime-eligible law enforcement employees, who are receiving assignment pay for an extended work period, will not be more than one hundred and seventy-one (171) hours in thirteen (13) twenty-eight (28) day periods per year.

1. Sergeants will attend a monthly planning meeting scheduled by the Captain to identify, prioritize and plan upcoming workload issues and preferred days off. Captains may deny requests for preferred days off to provide necessary supervision or patrol priorities. The result of the meeting will be a draft twenty-eight (28) day regional plan.
    
2. Detachment Sergeants will take the resulting plan and meet with Detachment Officers prior to the beginning of the twenty-eight (28) day work period, as soon as possible, to schedule patrols and other assignments and to identify officers’ days off, ensuring the regional plan will be accomplished. The resulting detachment plan will be forwarded to the Captain for review and final approval.
    
3. Sergeants will provide weekly updates to the Captain, to include deviations from the plan and anticipated changes for the upcoming week. Sergeants will manage their Detachments to accomplish the agency mission, regional plans, detachment plans and emergent situations.
    
4. A “Preferred Day Off” is defined as a day off during the upcoming twenty-eight (28) day period approved by the Captain. Prior to the beginning of the upcoming twenty-eight (28) day work period, Sergeants may identify eight (8) preferred days off for said twenty-eight (28) day work period, normally two (2) days off per week. For the twenty-eight (28) day period, four (4) of the preferred days off may be weekend days. The Captain may approve requests for additional weekend days. The Captain may deny the requests for preferred days off in accordance with Subsection 7.4 A of this Article; however, the specific or personal needs of the Sergeants will be taken into consideration. When mutually agreed, changes to preferred days off may be approved.
   
   Work schedules may be changed on a temporary, permanent, emergency or employee-requested basis in accordance with Subsections 7.3 C through F, above.
    
5. Sick and annual leave taken will not exceed eight (8) hours in any twenty-four (24) hour period or forty-three (43) hours in any consecutive seven (7) day period. If leave is taken in conjunction with hours worked, the combination of hours worked and sick or annual leave taken will not exceed eight (8) hours in any twenty-four (24) hour period or forty-three (43) hours in any consecutive seven (7) day period.
    
6. Each workday will include a thirty (30) minute paid meal period as near the middle of the workday as practical. Paid rest breaks shall consist of two (2) fifteen (15) minute periods, one during the first half of the shift and one in the second half of the shift. One of the fifteen (15) minute breaks may be combined with the lunch period for a total of forty five (45) minutes.

7.5 Overtime-Eligible Unpaid Meal Periods

The Employer and the Union agree to unpaid meal periods that vary from and supersede the unpaid meal period requirements of WAC 296-126-092. Unpaid meal periods for employees working more than five (5) consecutive hours, if entitled, will be a minimum of thirty (30) minutes and will be scheduled as close to the middle of the work shift as possible. When an employee’s unpaid meal period is interrupted by work duties, the employee will be allowed to resume his or her unpaid meal period following the interruption, if possible, to complete the unpaid meal period. In the event an employee is unable to complete the unpaid meal period due to operational necessity, the employee will be entitled to compensation, which will be computed based on the actual number of minutes worked within the unpaid meal period. Meal periods may not be used for late arrival or early departure from work and meal and rest periods will not be combined.

Washington State Patrol Communication Managers Association (WSPCMA)
The normal workday shall consist of an eight (8) hour period which includes a thirty (30) minute paid lunch, as long as during the eight (8) hours employees remain at the Communication Center or conduct agency business. However, if they leave the Communication Center for lunch or if they are attending to any other Washington State Patrol (WSP) business that involves a lunch hour, then they shall work a nine (9) hour day with a one (1) hour unpaid lunch period.

7.6 Overtime-Eligible Paid Meal Periods and Rest Periods for Straight Shift Schedules

The Employer and the Union agree to paid meal periods that vary from and supersede the paid meal period requirements of WAC 296-126-092. Employees working straight shifts will be permitted to eat intermittently as time allows during their shifts while remaining on duty. Paid meal periods and rest periods for employees on straight shifts do not require relief from duty.

7.7 Overtime-Eligible Rest Periods

The Employer and the Union agree to rest periods that vary from and supersede the rest periods required by WAC 296-126-092. Employees will be allowed rest periods of fifteen (15) minutes for each one half (1/2) shift of four (4) or more hours worked at or near the middle of each one half (1/2) shift of four (4) or more hours. Rest periods do not require relief from duty. Rest periods may not be used for late arrival or early departure from work and rest and meal periods will not be combined.

7.8 Overtime-Exempt Employees

The Employer’s policy for all overtime-exempt employees is as follows:

1. The Employer determines the products, services, and standards, which must be met by overtime-exempt employees.
    
2. Overtime-exempt employees are expected to work as many hours as necessary to accomplish their assignments or fulfill their responsibilities. Full-time overtime-exempt employees are expected to work a minimum of forty (40) hours in a workweek and part-time overtime-exempt employees are expected to work proportionate hours. Overtime-exempt employees may be required to work specific hours to provide services, when deemed necessary by the Employer.
    
3. The salary paid to overtime-exempt employees is full compensation for all hours worked, except:
    
   1. All overtime exempt employees will receive pay when required by the employer to work on a holiday, as identified in Article 11, at an additional rate of one and one half times the employee’s salary for the time worked.
       
   2. UPW:
      Compensation for physicians working “Extra Duty” as defined in Section 7.2 D, will be given on an hour for hour straight time basis at their regular rate of pay for the time they are assigned to the extra duty. The physician may request exchange time in lieu of payment as compensation for the extra duty hours worked.
       
4. With approval of the Appointing Authority, overtime exempt employees will accrue exchange time for hours worked in excess of the normal forty (40) hour workweek. Exchange time may be accrued at straight time to a maximum of eighty (80) hours. Exchange time has no cash value and cannot be transferred between agencies.
    
5. If they give notification and receive prior approval from the Employer, overtime-exempt employees may adjust their work hours. Employees are responsible for keeping management apprised of their schedules and their whereabouts.
    
6. Prior approval from the Employer for the use of paid or unpaid leave for absences of two (2) or more hours is required, except for unanticipated sick leave.

Return to Beginning of Contract

ARTICLE 8
OVERTIME

8.1 Definitions

1. Overtime
   Overtime is defined as time that an overtime-eligible employee:
    
   1. Works in excess of forty (40) hours per workweek (excluding law enforcement employees).
       
   2. Works in excess of the employee’s regular shift or works in excess of forty (40) hours in a workweek (For full-time MM&P, IAFF and WSNA employees only).
       
   3. Works in excess of one hundred and seventy-one (171) hours in a twenty-eight (28) day period and the employee is a law enforcement employee receiving assignment pay for an extended work period.
       
2. Overtime Rate
   In accordance with the applicable wage and hour laws, the overtime rate will be one and one-half (1-1/2) of an employee’s regular rate of pay in one tenth (1/10th) hour increments. The regular rate of pay will not include any allowable exclusions.
    
3. Work
   The definition of work, for overtime purposes only, includes:
    
   1. All hours actually spent performing the duties of the assigned job.
       
   2. Travel time required by the Employer during normal work hours from one work site to another or travel time prior to normal work hours to a different work location that is greater than the employee’s normal home-to-work travel time.
       
   3. Vacation leave.
       
   4. Sick leave.
       
   5. Compensatory time.
       
   6. Holidays.
       
   7. Any other paid time not listed below.
       
4. Work does not include:
   1. Shared leave.
       
   2. Leave without pay.
       
   3. Additional compensation for time worked on a holiday.
       
   4. Time compensated as standby, call back, or any other penalty pay.

8.2 Overtime-Eligibility Compensation

Employees who are overtime-eligible will receive compensation under the following circumstances:

1. Employees who have prior approval and work more than forty (40) hours in a workweek will be compensated at the overtime rate.
    
2. Full-time employees in the MM&P, IAFF and WSNA bargaining units, who work in excess of the employee’s regular shift or work in excess of forty (40) hours in a workweek.
    
3. An employee whose workweek is less than forty (40) hours will be paid at their regular rate of pay for all work performed up to forty (40) hours in a workweek and paid at the overtime rate for authorized work of more than forty (40) hours in a workweek.
    
4. Fish and Wildlife Enforcement Sergeants:
    
   1. Overtime-eligible law enforcement employees, receiving assignment pay for an extended work period, who have prior approval and work in excess of one hundred and seventy-one (171) hours in a twenty-eight (28) day period will be compensated at the overtime rate.
       
   2. In the event of a bona fide emergency and when a supervisor is unavailable to grant approval, a sergeant may exercise discretion in determining the need to incur overtime. Not later than the next working day the sergeant will report to his or her supervisor the nature of the bona fide emergency justifying overtime. A bona fide emergency includes a life-threatening situation, civil disorder, natural disaster, sudden unexpected happening, unforeseen occurrence or condition, complication of circumstances, sudden or unexpected occasion for action, or pressing necessity.

8.3 General Provisions

1. The Employer will determine whether work will be performed on regular work time or overtime, the number, the skills and abilities of the employees required to perform the work, and the duration of the work. The Employer will first attempt to meet its overtime requirements on a voluntary basis with qualified employees who are currently working. In the event there are not enough employees volunteering to work, the supervisor may require employees to work overtime unless prohibited by law.
    
2. If an employee was not offered overtime for which he or she was qualified, the employee will be offered the next available overtime opportunity for which he or she is qualified. Under no circumstances will an employee be compensated for overtime that was not worked. There will be no pyramiding of overtime.
    
3. WSNA:
   The Employer agrees to record each instance of voluntary and mandatory overtime including the shift, reason and nurse required to work. The employer will provide the information to WSNA each quarter.

8.4 Scheduling Overtime – MM&P

1. When Management determines that overtime is necessary they shall identify the number of positions requiring overtime and duration of such overtime.
    
2. Voluntary Overtime
   Employees will be provided the opportunity to volunteer to work overtime. The opportunity shall be first provided to an eligible employee on shift. If no on-shift employee volunteers to work overtime, an eligible employee who is off-shift shall be provided the opportunity, based on seniority. Employees must be eligible to work based on the limitations set forth by the U.S. Coast Guard. If there are no volunteers, mandatory overtime will be assigned to the employee with the least seniority who is eligible to work.
    
3. Management may assign on-call employees to work prior to offering or assigning overtime.
    
4. Calls to Return to Work
   When employees are required to return to work after completing a regular shift and are released prior to starting their next regular shift, they shall be paid at the overtime rate of pay.
    
5. Early Call Outs
   Employees may be called out early, prior to commencing their regular shift, at the overtime rate of pay.

8.5 Compensatory Time for Overtime-Eligible Employees

1. Compensatory Time Eligibility
   The Employer will grant compensatory time in lieu of cash payment for overtime to an overtime-eligible employee, upon agreement between the Employer and the employee. Compensatory time must be granted at the rate of one and one-half (1-1/2) hours of compensatory time for each hour of overtime worked.
    
2. Maximum Compensatory Time
   Employees may accumulate no more than eighty (80) hours of compensatory time.
    
3. Compensatory Time Use
   Employees must use compensatory time prior to using vacation leave, unless this would result in the loss of their vacation leave. Compensatory time must be used and scheduled in the same manner as vacation leave, as in Article 12, Vacation Leave. The Employer may schedule an employee to use his or her compensatory time with seven (7) calendar days’ notice.
    
4. Compensatory Time Cash Out
   All compensatory time must be used by June 30th of each year. If compensatory time balances are not scheduled to be used by the employee by April of each year, the supervisor will contact the employee to review his or her schedule. The employee’s compensatory time balance will be cashed out every June 30th or when the employee:
    
   1. Leaves state service for any reason;
       
   2. Transfers to a position in their agency with different funding sources; or
       
   3. Transfers to another state agency.

Return to Beginning of Contract

ARTICLE 9
TRAINING AND EMPLOYEE DEVELOPMENT

9.1 The Employer and the Union recognize the value and benefit of education and training designed to enhance employees’ abilities to perform their job duties. Training and employee development opportunities will be provided to employees in accordance with agency policies and available resources.

9.2 Participation in education and/or training programs required by the Employer will be compensated as time worked. The Employer will pay for all required training as determined by agency policy.

9.3 The Employer may approve additional professional or technical training and/or education courses. Additional courses will normally include those that will enhance employees technical proficiency and future performance. When approved, the agency will pay costs in accordance with agency policy. If an employee’s request for training is denied, a reason for the denial shall be provided to the employee.

9.4 The Employer will provide or make available, and the employees will participate in, training approved by management in order to maintain their professional skills, standards and proficiencies as established by the agency and their profession.

9.5 The Masters, Mates and Pilots, International Association of Fire Fighters, Teamsters Enforcement Sergeants and Union of Physicians of Washington bargaining unit employees will participate in agency provided or approved training to maintain agency required certification.

9.6 Employees will not lose work time if approved to attend a professional conference. Travel and other expenses will be reimbursed in accordance with Article 22, Travel, of this Agreement.

9.7 MM&P

Each Marine employee who successfully completes a Management required course will be eligible for reimbursement. These courses may include, but not be limited to STCW, HAZWOPER, TPIC, first aid, radar, bridge management, fire training and safety courses.

9.8 WAFWP

The Department of Fish and Wildlife will continue to maintain online search engines, such as Biosys, for employee use, as well as one professional journal per program per region. The Department will fund employee attendance at professional conferences when beneficial, subject to Department budgeting and needs. The Department recognizes the mutual benefit and encourages employee presentation of technical papers of original research at professional conferences.

9.9 WSNA

The Department of Veteran’s Affairs (DVA) will request continuing education approval recognition for appropriate DVA in-service programs. Both parties recognize that because of the unique responsibilities of nurses, they must have the opportunity for substantial continuing education in order to provide quality service. When the workload permits, nurses will be granted, upon request, three (3) days, and may be granted up to ten (10) days per year to attend work-related professional training.

9.10 WSPCMA

The Washington State Patrol will pay for employees to belong to the Association of Professional Safety Communications Officials International and to attend organization meetings on work time.

9.11 WSPTA/WSPSTA

As provided in the Washington State Patrol Regulation Manual, employer approved training shall be accomplished without loss in pay or benefits.

9.12 UPW

The Department of Social and Health Services will grant, upon request of the physician, up to seven (7) working days per year for attendance at continuing education courses necessary for the maintenance of a license that is relevant to patient care at Eastern State Hospital and Western State Hospital. The Department of Social and Health Services may pay for courses when deemed beneficial to patient care and in accordance with agency policy. A request will normally be made at least one (1) month in advance of the date of the course. If the Department of Social and Health Services determines that the absence of the physician is detrimental to patient care within the hospital, the request can be denied. If it becomes necessary to deny a request, the physician will be given priority consideration on their next request.

9.13 IBEW

The Department of Labor & Industries is committed to having technically proficient staff and will approve technical training such as those recognized by the state Electrical Board. The Department of Labor & Industries shall furnish a minimum of eight (8) hours of electrical technical courses per year, over and above mandatory code and WAC training, to each bargaining unit employee, subject to other provisions contained in this Article.

9.14 UA

The Department of Labor & Industries shall furnish a minimum of eight (8) hours of electrical technical courses per year for those employee’s whose inspection duties include inspection of electrical systems.

Return to Beginning of Contract

ARTICLE 10
LICENSURE AND CERTIFICATION

10.1 Employees are expected to update and maintain any license and/or certification that is required as part of the minimum qualifications for their position. Such requirement will be waived if the certification and/or license is not required to be maintained after date of hire. When the position requires any specialized license, including a driver’s license, the employee shall be responsible for the cost of the license and/or certification and for all renewal costs.

Employees are required to provide a copy of their required license(s) and/or certification(s) to their appointing authority or designee.

10.2 When the Employer requires a new license and/or certification, the Employer will reimburse the employee for the initial cost of the new license and/or certification. Thereafter, the employee shall be responsible for maintaining the license and/or certification and for all renewal costs.

10.3 Employees will notify their appointing authority or designee if the license and/or certification has expired, or has been restricted, revoked or suspended, within twenty-four (24) hours of knowledge of the expiration or prior to their next scheduled shift, whichever occurs first.

Return to Beginning of Contract

ARTICLE 11
HOLIDAYS

11.1 Paid Holidays

The following days are legal holidays as designated by state statute:
 

If the above legal holidays are amended during the term of this Agreement, the amended legal holidays will apply.

11.2 Holiday Rules

The following rules apply to all holidays except the personal holiday:

1. Employees will be paid at a straight-time rate even though they do not work.
    
2. In addition to Subsection A above, overtime-eligible employees will be paid for the hours actually worked on a holiday at the overtime rate, in accordance with Article 8, Overtime.
    
3. For full-time employees with a Monday-through-Friday work schedule:
    
   1. When a holiday falls on a Saturday, the Friday before will be the holiday.
       
   2. When a holiday falls on a Sunday, the following Monday will be the holiday.
       
4. For full-time employees who do not have a Monday-through-Friday work schedule:
    
   1. When a holiday falls on the employee’s scheduled workday, that day will be considered the holiday.
       
   2. When a holiday falls on the employee’s scheduled day off, the agency will treat the employee’s workday before or after as the holiday. An employee may request an alternate day off as his or her holiday as long as the requested day off falls within the same pay period as the holiday. The Employer may approve or disapprove the request.
       
   3. Fish & Wildlife Enforcement Sergeants: In the event a Sergeant is assigned to work the weekend prior to a recognized holiday as provided in 11.1 of this Agreement, he or she will have the option of working the holiday. Sergeants will not be required to work weekend days associated with a recognized holiday, which falls on a Monday or a Friday without being assigned to work the holiday.
       
5. The holiday for night shift employees whose work schedule begins on one (1) calendar day and ends on the next will be determined by the agency. It will start either at:
    
   1. The beginning of the scheduled night shift that begins on the holiday, or
       
   2. The beginning of the shift that precedes the holiday.
      
      The decision will be the same for all employees in a facility unless there is agreement to do otherwise between the agency and one (1) or more affected employees, or with the Union, which will constitute agreement of the employees.
       
6. Part-time employees who begin employment before and remain employed after the holiday will be compensated in cash or compensatory time for the holiday in an amount proportionate to the time in pay status during the month to that required for full-time employment.
    
7. A full-time employee who would otherwise be entitled to a holiday but is on leave without pay will receive compensation for the holiday provided he or she has been in pay status for eighty (80) non-overtime or non-standby hours during the month, not counting the holiday. Compensation for holidays for other than full-time employees during leave without pay will be proportionate to the time in pay status required for full-time employment. All employees must be employed before and after the holiday and for a period of at least twelve (12) calendar days during the month in addition to the holiday.

11.3 Personal Holidays

An employee may select one (1) workday as a personal holiday during the calendar year if the employee has been or is scheduled to be, continuously employed by the state for more than four (4) months.

1. An employee who is scheduled to work less than six (6) continuous months over a period covering two (2) calendar years will receive only one (1) personal holiday during this period.
    
2. The Employer will release the employee from work on the day selected as the personal holiday provided:
    
   1. The employee has given at least fourteen (14) calendar days' written notice to the supervisor. However, the employee and supervisor may agree upon less notice, and
       
   2. The number of employees selecting a particular day off does not prevent the agency from providing continued public service.
       
3. Personal holidays must be taken during the calendar year or the entitlement to the day will lapse, except that the entitlement will carry over to the following year when an otherwise qualified employee has requested a personal holiday and the request has been denied.
    
4. Agencies may establish qualifying policies for determining which of the requests for a particular date will or will not be granted when the number of requests for a personal holiday would impair operational necessity.
    
5. Part-time employees who are employed during the month in which the personal holiday is taken will be compensated for the personal holiday in an amount proportionate to the time in pay status during the month to that required for full-time employment.
    
6. A personal holiday for full-time employees will be equivalent to their work shift on the day selected for personal holiday absence.
    
7. Part or all of a personal holiday may be donated as shared leave in accordance with Article 14, Shared Leave. Any portion of a personal holiday that remains will be taken by the employee in one absence, not to exceed the work shift on the day of the absence, subject to the request and approval as described in Subsections B, C, and D above.
    
8. Upon request, an employee will be approved to use part or all of his or her personal holiday for the care of family members in accordance with the Family Care Act and WAC 296-130. Any portion of a personal holiday that remains will be taken by the employee in one (1) absence, not to exceed the work shift on the day of the absence, subject to request and approval as described in subsections B, C and D above.

Return to Beginning of Contract

ARTICLE 12
VACATION LEAVE

12.1 Employees will retain and carry forward any eligible and unused vacation leave that was accrued prior to the effective date of this Agreement.

12.2 Vacation Leave Credits

After six (6) months of continuous state employment, full-time and part-time employees will be credited with the vacation leave they accrued during the previous six (6) months, according to the rate schedule and accrual eligibility below. Thereafter, full-time and part-time employees will be credited with vacation leave accrued monthly, according to the rate schedule and vacation leave accrual below. Employees cannot use or be compensated for leave accrued during the first six (6) months of employment.

12.3 Vacation Leave Accrual

After a full-time employee has been in pay status for eighty (80) non-overtime hours in a calendar month, the employee will accrue vacation leave according to the rate schedule below. Vacation leave accrual for part-time employees will be proportionate to the number of hours the part-time employee is in pay status during the month to that required for full-time employment.

12.4 Vacation Leave Accrual Rate Schedule
 

12.5 Vacation Leave Usage

1. Vacation leave will be charged in one tenth (1/10th) of an hour increments.
    
2. Employees may request vacation leave at any time on a first come, first served basis; however, posted vacation schedules shall take precedence.
    
3. Employees will not request or be authorized to take scheduled vacation leave if they will not have accrued sufficient vacation leave credits to cover the absence at the time of the scheduled leave.

12.6 Vacation Scheduling for Masters, Mates and Pilots

1. This Section applies to all leave that has been requested and approved in advance of the planned absence.
    
2. A chart will be posted on November 15th of each calendar year that indicates the number of employees within each job classification who may be approved scheduled leave for a given period of time. This chart will be posted in a readily accessible area by classification and shall remain posted until January 1st.
    
3. Vacations will be scheduled within the limitations of the available relief allocated for each shift. Beginning January 2nd of each calendar year, employees who desire to take their vacation at a specific period of time shall be scheduled a time, based on the longest period of time in grade in the Masters, Mates and Pilots bargaining unit, to request and may be awarded up to three (3) segments of vacations during the time period of April 1st through March 31st. A “segment” is one (1) day or more contiguous days of vacation leave. Off-shift times to select a vacation shall not be considered as “time worked” for purposes of computing callback or overtime. If an employee is unable to be present during their scheduled time, they may make their choice by telephone or another individual with written documentation of designation may select a vacation segment(s) for the employee. If an employee fails to select their vacation during his or her assigned time, Management may proceed with scheduling. The employee will be provided an opportunity to select his or her segment(s) from the remaining available dates at a later date when he or she is available. Management will not approve a vacation leave segment when it is known the employee will not have accrued sufficient vacation leave for the segment of time. Local Management will publish the vacation schedule by March 1st.
    
4. Nothing in the above paragraphs shall preclude the right of an employee to request vacation leave at any time. Management shall consider said request in relation to program needs and the existing published vacation schedule, both of which take precedence. Any conflicts between two (2) or more employees’ vacation requests, other than those on the above referenced vacation schedule, shall be resolved on a first come, first served basis.
    
5. No employee on approved vacation leave shall be required to return to his or her place of employment until the scheduled leave has ended, except in an emergency situation.
    
6. Management acknowledges that canceling an employee’s approved vacation segment is an extraordinary action and will not do so if other qualified staff within the same job classification is available, on an overtime basis or otherwise. Each employee will be granted vacation for the time stipulated on the vacation schedule, except that Management with reasonable notice, may cancel or otherwise adjust vacation periods when it is determined the program of the agency will be adversely impacted by the employee being absent from duty. Employees, whose leave has been cancelled or adjusted, shall be allowed to request alternative leave dates pursuant to this Section.
    
7. Accrued vacation time, not to exceed two (2) shifts in any calendar year, shall be granted to an employee with thirty (30) calendar days’ written notification by the employee. Such time off must normally be granted provided:
    
   1. Such leave shall be used in increments of not less than one (1) shift.
       
   2. Supervisory denials of the use of such leave are subject to the review of the Superintendent at the employee’s written request.
       
8. Employee-requested cancellations of any portion of an approved segment to the annual vacation schedule must be submitted in writing no later than fifteen (15) calendar days in advance of his or her scheduled vacation except in bona fide emergencies. The request is subject to approval by Management, but will not be unreasonably withheld.

12.7 Vacation Scheduling for Washington State Nurses Association (WSNA)

1. Posted Vacation Schedule 30
   Employees desiring to take their vacation at a specific period of time shall submit a request no later than January 31 for vacation planned March 1 through the end of February. The requests cannot exceed the amount of vacation leave an employee would be able to accrue by the time of the requested leave. The Employer will post the approved vacation schedule no later than March 1.
    
2. In scheduling vacations, each employee, by seniority, shall be allowed to make a first request of uninterrupted vacation time to be included on the vacation schedule. No second request for vacation will be granted on this schedule until each employee has been afforded the opportunity to make a first request. The same process shall apply to subsequent vacation requests to be included on the posted vacation schedule.
    
3. Employees may request vacation leave at any time on a first come, first served basis; however, the posted vacation schedule shall take precedence. The Employer will normally respond to all such requests within fourteen (14) days of the request.

12.8 Vacation Scheduling for All Other Employees

1. Employees who desire to take vacation leave at a specific period of time will submit their requests to their supervisor prior to November 1st for the following calendar year. The supervisor will compile and post the schedule by January 15th. Employees will be granted their requested period of leave by seniority in so far as possible. Should Management be required to cancel previously scheduled annual leave due to an emergency, employees so affected will be given top priority for rescheduling.
    
2. Teamsters
   The Department of Fish and Wildlife will provide a minimum of one (1) vacation position fifty-two (52) weeks per calendar year in regions 1, 2, 3 and 5, Likewise, the Department will provide a minimum of two (2) vacation positions, fifty-two (52) weeks per calendar year in regions 4 and 6.

12.9 Family Care

Employees may use vacation leave for care of family members as required by the Family Care Act, WAC 296-130.

12.10 Vacation Cancellation

Should the Employer be required to cancel scheduled vacation leave because of an emergency, the affected employee may select new vacation leave from available dates.

12.11 Vacation Leave Maximum

Employees may accumulate maximum vacation balances not to exceed two hundred forty (240) hours. However, there are two (2) exceptions that allow vacation leave to accumulate above the maximum:

1. If an employee’s request for vacation leave is denied by the Appointing Authority or designee, and the employee has not exceeded the vacation leave maximum (240 hours), the Appointing Authority may grant an exception to the maximum. If the Appointing Authority grants an exception, the employee’s vacation leave maximum will be extended for each month that the Employer must defer the employee’s request for vacation leave.
    
2. An employee may also accumulate vacation leave days in excess of two hundred forty (240) hours as long as the employee uses the excess balance prior to his or her anniversary date. Any leave in excess of the maximum that is not deferred in advance of its accrual as described above, will be lost on the employee’s anniversary date.

12.12 Separation

Any employee, who resigns with adequate notice, retires, is laid-off, or is terminated by the Employer, will be entitled to payment for vacation leave credits. In addition, the estate of a deceased employee will be entitled to payment for vacation leave credits.

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ARTICLE 13
SICK LEAVE

13.1 Sick Leave Accrual

After an employee has been in pay status for eighty (80) non-overtime hours in a calendar month, the employee will accrue eight (8) hours of sick leave.

Part-time employees will accrue sick leave proportionate to the number of hours the part-time employee is in pay status in the calendar month to that required for full-time employment.

13.2 Sick Leave Use

Sick leave will be charged in one tenth (1/10th) of an hour increments and may be used for the following reasons:

1. A personal illness, injury or medical disability that prevents the employee from performing his or her job, or personal medical or dental appointments.
    
2. Care of family members as required by the Family Care Act, WAC 296-130, including care of a family member for illness, injury, and medical or dental appointments.
    
3. The Employer may approve sick leave for death of a relative that requires the employee’s absence from work. In addition to relatives defined in Article 17.3 D relatives include foster child, aunt, uncle, niece, nephew, first cousin and corresponding relatives of employee’s spouse or significant other.

13.3 Use of Compensatory Time or Vacation Leave for Sick Leave Purposes

The Employer may allow an employee who has used all of his or her sick leave to use compensatory time or vacation leave for sick leave purposes.

13.4 Restoration of Vacation Leave

In the event an employee is injured or becomes ill while on vacation leave, the employee may submit a written request to use sick leave and have the equivalent amount of vacation leave restored. The supervisor may require a written medical certificate.

13.5 Sick Leave Reporting and Verification

An employee must promptly notify his or her supervisor on the first day of sick leave and each day after, unless there is mutual agreement to do otherwise. If the employee is in a position where a relief replacement is necessary, the employee will notify his or her supervisor at least two (2) hours prior to his or her scheduled time to report to work. If the Employer suspects abuse, the Employer may require a written medical certificate for that sick leave absence. An employee returning to work after any sick leave absence may be required to provide written certification from his or her health care provider that the employee is able to return to work and perform the essential functions of the job with or without reasonable accommodation.

13.6 Sick Leave Annual Cash Out

Each January, employees are eligible to receive cash on a one (1) hour for four (4) hours basis for ninety-six (96) hours or less of their accrued sick leave, if:

1. Their sick leave balance at the end of the previous calendar year exceeds four hundred and eighty (480) hours;
    
2. The converted sick leave hours do not reduce their previous calendar year sick leave balance below four hundred and eighty (480) hours; and
    
3. They notify their payroll office by January 31st that they would like to convert their sick leave hours earned during the previous calendar year, minus any sick leave hours used during the previous year, to cash.
   
   All converted hours will be deducted from the employee’s sick leave balance.

13.7 Sick Leave Separation Cash Out

At the time of retirement from state service or at death, an eligible employee or the employee’s estate will receive cash for his or her total sick leave balance on a one (1) hour for four (4) hours basis. For the purposes of this Section, retirement will not include “vested out of service” employees who leave funds on deposit with the retirement system. In accordance with state and federal law, agencies and employees in bargaining units may agree to form Voluntary Employee Beneficiary Associations (tax-free medical spending accounts) funded by the retiree sick leave cash out described above.

13.8 Reemployment

Former state employees who are re-employed within five (5) years of leaving state service will be granted all unused sick leave credits they had at separation.

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ARTICLE 14
SHARED LEAVE

14.1 State employees may donate vacation leave, sick leave, or personal holidays to a fellow state employee who has been called to service in the uniformed services or who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or terminate his or her employment. An employee is eligible to request participation in the shared leave program when the employee is able to use accrued vacation leave, sick leave, or a personal holiday. For purposes of the state leave sharing program, the following definitions apply:

1. Employee means any employee who is entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained.
    
2. Employee's relative is limited to the employee's spouse, child, stepchild, grandchild, grandparent, or parent.
    
3. Household members are defined as persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. This term will include foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.
    
4. Severe or extraordinary condition is defined as serious or extreme and/or life threatening.
    
5. Service in the uniformed services means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.
    
6. Uniformed services means the armed forces, the army national guard, and the air national guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard, and any other category of persons designated by the President of the United States in time of war or national emergency.

14.2 An employee may be eligible to receive shared leave under the following conditions:

1. The employee's agency head determines that the employee meets the criteria described in this Section.
    
2. For work-related illness or injury, the employee has diligently pursued and been found to be ineligible for benefits under RCW 51.32 if the employee qualifies under Section 14.3.
    
3. The employee has abided by agency policies regarding the use of sick leave if the employee qualifies under Section 14.3.
    
4. The employee has abided by agency policies regarding the use of vacation leave and paid military leave if the employee qualifies under Subsection 14.3 A.2.
    
5. Donated leave is transferable between employees in different state agencies with the agreement of both agency heads.

14.3 An employee may donate vacation leave, sick leave, or personal holiday to another employee only under the following conditions:

1. The receiving employee either:
    
   1. Suffers from or has a relative or household member suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature; or
       
   2. Has been called to service in the uniformed services.
       
2. The illness, injury, impairment, condition, or call to service has caused, or is likely to cause, the receiving employee to:
    
   1. Go on leave without pay status; or
       
   2. Terminate state employment.
       
3. The receiving employee's absence and the use of shared leave are justified.
    
4. The receiving employee has depleted or will shortly deplete his or her:
    
   1. Vacation leave and sick leave reserves if the employee qualifies under Section 14.3; or
       
   2. Vacation leave and paid military leave allowed under RCW 38.40.060 if the employee qualifies under Section 14.3.
       
5. The agency head permits the leave to be shared with an eligible employee.
    
6. The donating employee may donate any amount of vacation leave, provided the donation does not cause the employee's vacation leave balance to fall below eighty (80) hours. For part-time employees, requirements for annual leave balances will be prorated.
    
7. Employees may not donate excess vacation leave that the donor would not be able to take due to an approaching anniversary date.
    
8. The donating employee may donate any specified amount of sick leave provided the donation does not cause the employee's sick leave balance to fall below one hundred seventy-six (176) hours after the transfer. For purposes of sick leave donation, a day equals the donor's monthly sick leave accrual.
    
9. The donating employee may donate all or part of a personal holiday. Any portion of a personal holiday that is not used will be returned to the donating employee.

14.4 The agency head will determine the amount of donated leave an employee may receive and may only authorize an employee to use up to a maximum of two hundred sixty-one (261) days of shared leave during total state employment, except that a non-permanent or on-call employee who is eligible to use accrued leave or personal holiday may not use shared leave beyond the termination date specified in the non-permanent or on-call employee's appointment letter.

14.5 The agency head will require the employee to submit, prior to approval or disapproval, a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition when the employee is qualified under Section 14.3. The agency head will require the employee to submit, prior to approval or disapproval, a copy of the military orders verifying the employee's required absence when the employee is qualified for shared leave under Section 14.3.

14.6 Any donated leave may only be used by the recipient for the purposes specified in this Section.

14.7 The receiving employee will be paid his or her regular rate of pay; therefore, one (1) hour of shared leave may cover more or less than one (1) hour of the recipient's salary. The calculation of the recipient's leave value will be in accordance with Office of Financial Management policies, regulations, and procedures. The dollar value of the leave is converted from the donor to the recipient. The leave received will be coded as shared leave and be maintained separately from all other leave balances.

14.8 All forms of paid leave available for use by the recipient must be used prior to using shared leave when qualified under Section 14.3. All forms of paid leave, except sick leave, available for use by the recipient must be used prior to using shared leave when qualified under Section 14.3.

14.9 Any shared leave not used by the recipient during each incident/occurrence as determined by the agency director will be returned to the donor(s). The shared leave remaining will be divided among the donors on a prorated basis based on the original donated value and returned at its original donor value and reinstated to each donor's appropriate leave balance. The return will be prorated back based on the donor's original donation.

14.10 All donated leave must be given voluntarily. No employee will be coerced, threatened, intimidated, or financially induced into donating leave for purposes of this program.

14.11 The agency will maintain records which contain sufficient information to provide for legislative review.

14.12 An employee who uses leave that is transferred under this Section will not be required to repay the value of the leave that he or she used.

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ARTICLE 15
FAMILY MEDICAL LEAVE

15.1

1. Consistent with the federal Family and Medical Leave Act of 1993 (FMLA) and the state Family and Medical Leave Act of 2006, an employee who has worked for the state for at least twelve (12) months and for at least one thousand two hundred fifty (1,250) hours during the twelve (12) months prior to the requested leave is entitled to up to twelve (12) workweeks of FMLA leave in a twelve (12) month period for any combination of the following:
    
   1. Parental leave for the birth and to care for a newborn child, or placement for adoption or foster care of a child and to care for that child; or
       
   2. Personal medical leave due to the employee's own serious health condition that requires the employee's absence from work; or
       
   3. Family medical leave to care for a spouse, son, daughter, parent, or domestic partner as defined by WAC 182-12-260 (2) who suffers from a serious health condition that requires on-site care or supervision by the employee.
       
2. Entitlement to FMLA leave for the care of a newborn child or newly adopted or foster child ends twelve (12) months from the date of birth or the placement of the foster or adopted child.
    
3. The one thousand two hundred fifty (1,250) hour eligibility requirement noted above does not count paid time off such as time used as vacation leave, sick leave, exchange time, personal holidays, compensatory time off, or shared leave.

15.2 The twelve (12) week FMLA leave entitlement is available to the employee, provided that eligibility requirements listed in Section 15.1 are met. The FMLA leave entitlement period will be a rolling twelve (12) month period measured forward from the date an employee begins FMLA leave. Each time an employee takes FMLA leave during the twelve (12) month period, the leave will be subtracted from the twelve (12) weeks of available leave.

15.3 The Employer will continue the employee's existing employer-paid health insurance benefits during the period of leave covered by FMLA. The employee will be required to pay his or her share of health care premiums.

15.4 The Employer has the authority to designate absences that meet the criteria of the FMLA. The use of any paid or unpaid leave (excluding compensatory time) for an FMLA-qualifying event will run concurrently with, not in addition to, the use of the FMLA for that event. Employees will be required to exhaust all qualifying paid leave (excluding compensatory time) prior to using any leave without pay, except for FMLA leave for a work-related injury or illness. Leave for a work-related injury, covered by workers’ compensation or assault benefits, will not run concurrently with the FMLA.

15.5

1. Parental leave will be granted to the employee for the purpose of bonding with his or her natural newborn, adoptive or foster child. Parental leave may extend up to six (6) months, including time covered by the FMLA, during the first year after the child's birth or placement. Leave beyond the period covered by the FMLA may only be denied by the Employer due to operational necessity. Such denial may be grieved beginning at Step 3 of the grievance procedure in Article 31.
2. Parental leave may be a combination of the employee's accrued vacation leave, sick leave for pregnancy disability or other qualifying events, personal holiday, compensatory time, or leave without pay.
3. Leave for sickness or temporary disability because of pregnancy or childbirth will be in addition to twelve (12) weeks of FMLA leave used for parental leave.

15.6 Serious health condition leave consistent with the requirements of the FMLA will be granted to an employee in order to care for a spouse, son, daughter, parent, or domestic partner as defined by WAC 182-12-260 (2) who suffers from a serious medical condition that requires on-site care or supervision by the employee. Personal medical leave consistent with the requirements of the FMLA will be granted to an employee for his or her own serious health condition that requires the employee’s absence from work. The Employer may require that such personal medical leave or serious health condition leave be supported by certification from the employee’s or family member's health care provider.

15.7 Personal medical leave or serious health condition leave covered by the FMLA may be taken intermittently when certified as medically necessary.

15.8 Upon returning to work after the employee’s own FMLA-qualifying illness, the employee will be required to provide a fitness for duty certificate from a health care provider.

15.9 The employee will provide the Employer with not less than thirty (30) day notice before the FMLA leave is to begin. If the need for the leave is unforeseeable thirty (30) days in advance, then the employee will provide such notice when feasible.

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ARTICLE 16
SEVERE INCLEMENT WEATHER AND NATURAL DISASTER LEAVE

16.1 If the Employer decides that a state office or work location is non-operational due to severe inclement weather or natural disaster, the following will apply:

1. Non-emergency (or emergency, if applicable) employees may be released with no loss of pay du